Application to bailiffs for transfer. Appeal against the inaction of the bailiff of the executor: a sample complaint, where it is better to apply

passport series ______ No. ________________

when "" _________________________

I ask you to return the money to me in the amount (in words) ___________________ __________________________________________________________________________________________________________________________________________________

paid for (indicate the grounds for payment, address of the property)

in connection with (indicate the reason for the refusal) ___________________________________________

Please transfer the returned funds to the following bank details (the name and details of the bank are indicated (BIC, correspondent account, beneficiary's settlement account)):

« » _______________20, signature

Below is a sample claim - so intelligible

AT ______________________________
(name of court)
from _____________________________
(name of the applicant, address)
Interested party: ___________
(name, address
bailiff)
Debtor (collector): _____________
(name of the second party, address)

challenging the actions of a bailiff

"___" _________ ____, by the decision of the bailiff-executor, enforcement proceedings were initiated on the basis of a writ of execution (court order) to recover from _________ (full name of the debtor) in favor of _________ (full name of the recoverer) a sum of money _______ rubles.

In the course of enforcement actions, the bailiff-performer committed the following actions _________ (indicate the actions (inaction) that are being appealed by the applicant).

I do not agree with these actions, because they violate my rights _________ (indicate what the violation of the applicant's rights is).

In accordance with Article 441 of the Civil Procedure Code of the Russian Federation, the decisions of the bailiff, their actions (inaction) can be challenged by the recoverer, the debtor or persons whose rights and interests are violated by such decision, actions (inaction). An application for contesting the decisions of an official of the bailiff service, his actions (inaction) is filed with the court in the area of ​​activity of which the specified official performs his duties, within ten days from the date of the decision, the commission of actions or from the day when the recoverer, debtor or persons whose rights and interests are violated by such a decision, actions (inaction), became aware of the violation of their rights and interests.

Based on the foregoing, guided by articles 131-132, 441 of the Civil Procedure Code of the Russian Federation,

1. Recognize as illegal the actions of the bailiff _________ (list illegal actions (inaction), indicate the details of the appealed decision).
2. Oblige _________ (full name of the bailiff) to eliminate in full the violation of my rights.

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the application
2. A copy of the decision to initiate enforcement proceedings
3. Complained decision (written response)
4. Available documents supporting the arguments set forth in the application

Date of application "___" _________ ____ Signature _______

I hope my answer helped you, don't forget to leave your feedback for the answer

Application to the bailiff service sample form

Litigation is over. During this period, relaxation and euphoria from the newfound victory come. As a rule, citizens who have won a judge's decision in their favor do not take into account the fact that this still does not allow them to receive legitimate payments and compensation.

After the end of the trial, a decision will be issued. Copies will be made and distributed to all participants. But that's not all. In our state, there is an instance whose task is to control the timely fulfillment of the conditions of court decisions.

This instance is called the executive service. Its employees have the title of bailiffs.

The role of bailiffs and how to start enforcement proceedings

Recovery proceedings do not start automatically. To initiate it, you will have to take a few simple, but mandatory steps. First, you need to get a writ of execution (sheet) from the court. It must be brought (sent) to the executive service. And it is precisely in the one that is under the jurisdiction of the court that issued the verdict.

The writ of execution itself is not enough. It must be accompanied by an appeal to the senior bailiff with a request to start proceedings to recover the payments appointed by the court. Such statements are made in free form. Free examples can be obtained below. But, nevertheless, you need to prepare for writing it. Next will be an explanation of its structure and form.

We write a statement to the bailiffs

At the very beginning of the document, a standard "header" is written. It must fully commemorate this service. Next, you must provide full information about the losing participant in the trial (debtor). Data on the submitting party (claimant) are also entered.

Below the header is the body of the call. It consists in a request to start collecting. This requirement must be justified. Therefore, to begin with, it will not be superfluous to describe the whole background. Namely, the date of the verdict, the name of the court, the amount and principles of compensation (recovery) are indicated. The following is a reference to the date and number of the executor, which will be an integral annex to the application.

Court decisions do not contain information about the payment process. They do not indicate the numbers of settlement bank accounts and so on. This must be written in the text. The name of the bank must be complete and the account number must be correct.

It will not be superfluous to make one copy of the statement for yourself. It will need to receive a mark on incoming registration.

The service will have three days from the date of the request to appoint a responsible bailiff. You must be informed about it. To do this, you must specify a contact phone number in your own data.

In conclusion, it is necessary to put down the required attributes of the appeal. Namely, the date, full name. signature.

Read also: What to do if alimony is not paid and the bailiffs are inactive

Below is a standard form and a sample application to the bailiff service, a version of which can be downloaded for free.

Statements to bailiffs

The section Applications to bailiffs is devoted to the issues of execution of court decisions by specially authorized state bodies. The legal basis for the examples of statements placed in this section can be found additionally in the section “Law on Enforcement Proceedings”.

Enforcement proceedings begin with the receipt of a correctly executed application for the initiation of enforcement proceedings and the original writ of execution.

Statements to the bailiffs on the implementation of enforcement actions

Simultaneously with the initiation of enforcement proceedings or directly in the course of it, the recoverer may significantly and legally restrict the rights of the debtor. First of all, it is the right to freedom of movement. On the site you can familiarize yourself with the procedure for applying for a restriction on restrictions on the debtor's departure. Through the service of bailiffs, you can demand to organize a search for the debtor and his property, the seizure of property.

By the way, it is possible to seize property not only on the basis of a writ of execution, but also with a positive consideration by the court of an application for securing a claim.

Any action of the bailiff-performer must be formalized by the issuance of a decision by him. Therefore, the parties have the right to familiarize themselves with the materials of the enforcement proceedings and consider the need to file a complaint against the bailiff, which, if there are grounds, contributes to a faster execution of the court decision. If the example you need is not available on the site, you can use general information on the procedure for drawing up a petition to the bailiff or use the help of a lawyer by contacting the "legal consultation" section.

The procedure for considering an application to bailiffs

All applications to bailiffs must be made in writing and submitted through the office of the service. The employee of the office is obliged to mark the receipt on the second copy. Then the applicant will have a reason to demand, including through the court, to consider his application or appeal against the bailiff's inaction.

The deadlines for considering applications to bailiffs vary. When calculating the deadline, do not forget that the office employee has 3 days to register the application received. The result of the consideration of the application is formalized by issuing a decision of the bailiff (except for cases of familiarization with the case, when the applicant makes a mark), which can be filed with a senior bailiff or in court.

Sample applications for bailiffs

Speed ​​up the work of bailiffs: sample and application form

Litigation involves, mainly, the decision in favor of one of the parties - the defendant or the plaintiff. After the completion of the consideration of the statement of claim, a writ of execution is issued, on the basis of which the other party is obliged to repay the debt. In some cases, the court independently transfers the document to the bailiff services for forced reimbursement of debts. However, most often the appeal and transfer of the application to the body occurs at the initiative of the claimant.

Writing an application for a bailiff: when is it necessary?

The most popular examples when you need to contact the FSSP with a sample application for the forced collection of cash, property, to establish the location of a person, etc. according to a writ of execution:

• bank employees - to recover accrued fines, penalties and return the principal amount of the debt from the borrower;
• single mothers with underage children who are in their care - if the spouse fails to fulfill the obligations to pay alimony;
• individuals - submitting a request for the purpose of an executive search for a child;
• claimants who were illegally evicted from a residential facility - for their forced entry;
• employees of enterprises and organizations - in case of illegal dismissal from work.

In order to be attached to the case file, the bailiff may decide on the presentation of an autobiography by a person for the purpose of his subsequent employment at his former place of work (according to the adopted resolution).

How to write an application for bailiffs?

It is necessary to write an application to the bailiff on a writ of execution to the service in the prescribed form, having previously read the required sample on the official website fssprus.ru.

The correct sample application to the bailiffs - download.

Sample application for acceptance of a writ of execution by the bailiff service for enforcement - download.

A sample application for the withdrawal of a writ of execution from bailiffs is written similarly to an application for acceptance.

In order to correctly write an application for initiating enforcement proceedings for its presentation to the SSP, you should use the form.

Application form to bailiffs for recovery (for example, alimony) on a writ of execution (initiation of enforcement proceedings) - download

Where you need to apply, you can find on the website of the Federal Bailiff Service. In electronic form, a list of all SSPs operating in cities and districts is presented, indicating the address and contact phone number.

After the address has been received, you should start writing the application itself on the form prescribed by law. Reception of documents is carried out by the executive body on the day of their submission with registration in the journal of incoming mail.

It is imperative to know how to draw up an application, what information to indicate in it, as well as the basic rules for filling out the details:

• in the upper right corner of the sheet is indicated the name of the bailiff service, last name, first name and patronymic of the head of the FSSP - the senior bailiff of the department;
• below it is necessary to write from whom this letter is from, i.e., the correct details of the claimant - full name. address of registration and residence, phone number, account number opened with a bank (if necessary, transfer of funds);
• if the claimant is a legal entity, then the full name of the organization, state registration number, actual and legal address are written in the header of the letter;
• in the text of the letter, the date and number of the writ of execution or court order received in court should be filled in; information about the debtor, his contact details, place of residence, information about the presence of property, bank accounts (the most complete information); grounds for starting enforcement proceedings (the amount of debt, the amount of damage, etc.);
• fill in the list of documents that are attached to the application in the appendix.

Read also: Appeal to the arbitration court is carried out in the form

Application to the bailiff: the order of the filing process and the progress of execution

The submission of a written sample application to bailiffs on a writ of execution is carried out in two printed copies (not in writing), one of which is stamped by the organization with the date and registration number. According to Federal Law No. 229-FZ"On Enforcement Proceedings", a bailiff will be appointed within three days.

If it is impossible to personally visit the FSSP, it is possible to send documents by registered mail. To confirm the fact of its receipt by the bailiffs, a return notice of delivery should be kept. When changing the place of residence, it is necessary to send a request to the SSP.

Application to the bailiffs for the recovery of alimony

When contacting the department of bailiffs, the recoverer may present a requirement to deduct payments for alimony from an employed person from a monthly salary. However, with a significant amount of them, the defendant may apply with a motivating response, which will mainly allow him to raise objections to the statement of claim. To do this, you must send a request to the FSSP to reduce the percentage of alimony. When considering this issue, the plaintiff may need clarification - a detailed explanatory note regarding the participation of the parent in the upbringing of the child.

In addition, it is possible to send a petition to the head of the SSP body to seize the debtor's property, to recover a debt, a petition for the forced eviction of a person illegally residing, etc. After submitting these documents, measures are taken to implement them.

Complaint against a bailiff

If there is a claim against the bailiff, the recoverer may draw up and file a complaint against his illegal, unreasonable actions or inaction.

Complaint form to bailiffs sample addressed to the senior executor - download.

After the verification by the higher authorities, measures will be taken to eliminate this executor from the case, or, in extreme cases, to surrender his powers.

Additional related materials:

Application for divorce 2017: a sample of a standard form and a statement of claim to the court, an application in the presence of children , a petition to a kindergarten How to write a complaint against a management company: a sample complaint to the Housing Inspectorate, to the prosecutor's office and Rospotrebnadzor Application to the traffic police to replace a driver's license 2017: sample and application form, list of documents, state fee for previously worked time and for family reasons Alimony arrears: how to recover? Standard tax deductions for personal income tax for children in 2017: sample application

How to write an application to bailiffs?

To initiate the process of initiating enforcement proceedings, the recoverer submits the application to the bailiffs.

In addition, the need to file an appeal may arise already in the course of this process, including for the debtor.

When it is necessary?

The need to prepare an application and apply with it to the FSSP may arise in the following cases:

• for the bank - reimbursement of penalties and the amount of the principal debt from the borrower;
• single mothers with children - non-fulfillment by the father of the child of the obligation to provide for his material support (alimony);
• other citizens - submitting a request for an executive search for a minor;
• illegally evicted citizens - a request for their forced resettlement;
• employees of companies - in case of illegal dismissal.

Application to bailiffs

The correct execution of the application is the most important stage, because it is from it that the interaction between the claimant and the bailiff begins, who will continue to work on translating the court order into practice.

If the appeal is executed correctly, then the performer will work on them more productively.

All applications are transferred to bailiffs through the office. It is there that two copies of the appeal must be submitted. On one of them, an employee of the office will put his mark.

This is necessary, because in the future it will give the creditor the opportunity to challenge the inaction of the bailiff in court, if any.

Based on the result of consideration of the application, the official of the FSSP makes a decision. If the exactor does not agree with the decision and considers it illegal, then he has the right to appeal against it with a senior bailiff or in court.

About debt collection

So, when filing a debt collection application, you need to pay attention to the following points:

• indicate in the text a request to accept a writ of execution, you also need to describe your petition more specifically, dwell on the trial (date, adopted verdict);
• a separate item must indicate the list of attachments to the application;
• after specifying general information, it is necessary to ask the bailiff in the text of the application to collect the amount specified in the appeal and transfer it to your bank account, if the funds are received by transfer, then you need to determine the post office;
• at the end of the application, information about the date of its preparation, the full name of the claimant and his signature should be entered.

Supervision and control over the execution of court decisions is carried out by bailiffs. Citizens interact with them through the submission of applications.

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How to write an application to the FSSP in 2019? The duty of bailiffs is to control the full execution of decisions made by the court.

It is the FSSP that has the right to seize property, seize valuables from the debtor to pay off debts, and take other measures to enforce judicial acts.

If citizens need to interact with bailiffs, then an application is submitted. When compiling such a document, various nuances and requirements must be taken into account. How to write a statement to bailiffs in 2019?

Basic moments

The Federal Bailiff Service is an executive body that exercises control over the execution of various judicial acts.

It is to the FSSP that the winning party should apply if the losing party is in no hurry to voluntarily execute the court decision.

Also, bailiffs maintain a register of collection organizations and control the activities of collectors, ensuring that they comply with the statutory rules.

If collectors exceed their authority, you can contact the bailiffs to restore justice.

As for the execution of court decisions, after the initiation of enforcement proceedings, the bailiffs have the right to arrest all the accounts of the debtor, impose, and sometimes even completely seize property and put it up for sale to pay off the debt at the expense of the proceeds.

That is, the main task of the FSSP is the implementation of various measures that allow the enforcement of a court decision.

Interaction with the bailiff service is carried out through official appeals, which are drawn up in the form of an application.

Citizens need to understand that a court decision in itself does not mean that it will be possible to force the losing side to perform the required actions.

In most cases, it is possible to achieve the established compensations and payments only with the assistance of the FSSP.

Definitions

First of all, it is necessary to deal with the very concept of enforcement proceedings. This is the final stage of the civil process.

Its essence is that the authorized bodies carry out the execution of decisions of courts of general jurisdiction. At the same time, they distinguish:

Enforcement proceedings are initiated on the basis of executive documents at the request of the recoverer or prosecutor.

At the same time, proceedings can be initiated both against individuals and legal entities. Direct actions for the enforcement of court decisions are carried out by the Federal Bailiffs Service.

The parties to enforcement proceedings are the recoverer and the debtor. After the court has made a decision, the recoverer expects the execution by the debtor of the imposed penalty.

In the absence of compliance, the recoverer applies to the FSSP with a demand for enforcement. But the need to turn to bailiffs may arise in other circumstances.

When the need arises

Only the winning party in a lawsuit can initiate enforcement proceedings. To do this, you need to apply to the FSSP.

However, one should not expect that immediately after contacting the bailiffs, the situation will be resolved. The enforcement process can take quite a long time.

Sometimes you need to apply more than once. There are a lot of cases in which citizens have to contact the FSSP.

The most common reasons are:

• recovery or debt in the order of enforcement proceedings;
• enforcement of court decisions - on reinstatement at work, on eviction from an apartment, on the demolition of an illegal building, etc.;
• search for the debtor and seizure of his property;
• lifting the ban on leaving the Russian Federation;
• excess of authority in the collection of debts;
• violations committed by employees of the FSSP.

This list is far from exhaustive and other situations are possible when the assistance of bailiffs is necessary.

And in order to get the necessary assistance, you need to correctly write an application and formulate the basis for the appeal in it.

Legal regulation

The activities of bailiffs in Russia are regulated by two main standards:

These legal acts determine the procedure for enforcement proceedings and the rules for filing various applications with the FSSP.

Some applications received by the FSSP may be processed in accordance with.

The Law on Enforcement Proceedings actively spells out all the nuances of the activities of bodies authorized for enforcement.

The fundamental provisions are spelled out in detail in the Law - the parties to the procedure, the procedure for initiating, the features of execution, etc.

But, in addition, this Law also reflects the practice of work, the legal positions of the Constitutional Court of the Russian Federation, and the judicial practice of courts of general jurisdiction.

The main principles of the norm are the legality of proceedings, the timeliness of enforcement actions, the correlation between enforcement measures and the volume of claims of the recoverer.

That is, the recoverer has the right to demand the execution of the judgment within the limits that do not violate the law.

At the same time, the FSSP cannot independently start enforcement proceedings without having at its disposal executive documents and a claimant's statement. Unless otherwise provided by law.

Application to the bailiff service

Article 30 of the Federal Law No. 229 is devoted to the initiation of enforcement proceedings. It says that the bailiff begins proceedings upon presentation of the executive document and the claimant's statement.

Only the claimant himself or his legal representative acting on the basis of a notary can submit an application.

The application may contain a demand for property recovery, seizure of the debtor's property, and the establishment of various restrictions on the debtor.

That is, the recoverer may demand the application of any measures provided for by law in order to ensure the execution of the executive document.

In the application, you can indicate information known to the claimant that can simplify the work of bailiffs.

It is allowed to attach to the application various documents that reveal the essence of the appeal in more detail.

In some cases, the debtor may apply to bailiffs. For example, a citizen has fulfilled the obligations prescribed by the court, but the restrictions imposed by the FSSP continue to apply to him.

Or, for example, the debtor does not evade execution, but is currently unable to fulfill the order. In any case, whoever applies to the bailiffs should follow the procedure for filing an application.

General rules for compiling

The law does not establish a special form for applications sent to the FSSP. As a rule, the document is written in free form in accordance with generally accepted standards for compiling such statements to various other authorities.

But if a person has not previously encountered an appeal to state bodies, then he may not know about the acceptable type of appeal.

The main design requirements are:

Making a statement to the bailiffs	In writing
It is possible to draw up a document both by hand and using a computer.	But in the latter case, the applicant signs by hand
Should not be present in the document corrections and blots	The document is written in legible handwriting
Be sure to provide detailed information about the judicial act requiring execution	Information about the debtor, if any, is also indicated
Before submitting to the FSSP	The application is signed by the submitter of the document, otherwise the paper has no legal force and is not subject to consideration

The implementation of the necessary measures by the bailiffs will depend on how correctly the application is drawn up and how the situation is described in detail.

Filling examples

It will help to correctly draw up an application to bailiffs on the adoption of a writ of execution sample document.

Application templates can be found on the official website of the bailiff service or in the FSSP department upon personal contact.

From the template, it becomes clear what information needs to be specified, in what order, and how to formalize the document in general.

The standard application scheme in the FSSP looks like this:

In the upper right corner	Indication of the addressee (name of the FSSP unit, full name and bailiff, if known)
Below	Information about the applicant (full name, contact details)
in the middle of the sheet	Document's name
Just below	Main text. Here a link to the executive document is indicated, all its details are prescribed. All known information about the debtor is also indicated. The grounds for initiating enforcement proceedings are certainly prescribed. If the appeal is related to other reasons, then the essence of the appeal and the grounds are similarly indicated.
Date of application	—
Personal signature	Applicant with transcript

It is important to understand that the more information on the case the FSSP receives from the applicant, the faster the issue will be resolved.

Otherwise, the bailiffs will have to collect the necessary information on their own, which can drag out the proceedings for a very long time.

About the recovery of the writ of execution

The receipt of a writ of execution by the party that won the trial does not yet mean that the court decision will be executed.

In the case when the writ of execution involves monetary compensation, the recoverer may independently try to receive the amounts due to him.

To do this, a writ of execution is transferred to the employer of the debtor, who will deduct the debt from. For example, in this way they are most often collected.

You can also submit an executive document to the bank. But only in the case when the recoverer is obviously aware that the debtor has an account in a particular financial institution.

But the creditor may not have information about the place of work of the debtor or his true financial condition. For example, only the place of residence of the debtor is known.

In this case, you must first offer a voluntary execution of the writ of execution. If the debtor refuses or delays execution, an application should be submitted to the FSSP.

A sample application to bailiffs for the collection of debt by court decision shows that the document must contain information such as:

• request for recovery under a writ of execution;
• date and number of the executive document;
• information about the place of residence of the debtor.

A sample application for recovery on a writ of execution is possible.

Looking for a debtor

In some situations, citizens try in every possible way to avoid the execution of a court decision. At the same time, the recoverer can demand the execution of the decision only after the delivery of the enforcement document to the debtor.

Accordingly, when the debtor is in hiding, it is not possible to serve him with a judgment.

In such a case, the recoverer must submit an application to the bailiffs to initiate enforcement proceedings and search for the debtor.

In principle, after receiving a writ of execution, the FSSP can independently start searching for a debtor.

But in practice, no special measures are taken for the search, and all proceedings are carried out only on paper.

Therefore, the debtor must submit an application that will contain a direct requirement to search for the debtor.

In this case, the bailiffs will be required to take all necessary actions aimed at satisfying the appeal. The application shall indicate all known information about the debtor.

Also, the recoverer can indicate where, in his opinion, the debtor may be located and what property he supposedly owns. This will help bailiffs to organize enforcement more purposefully.

About the refund

Situations where the debtor, and not the claimant, apply to the FSSP may be associated with a request for the return of overly collected funds.

For example, an amount more than indicated in the writ of execution was recovered from the debtor. Among other things, the victim may be a complete stranger.

For example, the namesake of the debtor. As usual, the recovery of excess amounts most often occurs when the debt is forcibly collected from the debtor's bank accounts.

After receiving the decision of the bailiff, the bank follows the instructions contained in it and withholds the specified amount.

Often, citizens first of all apply with a claim to a banking organization, demanding the correction of an error and a refund.

But it must be borne in mind that the bank only executes the decision of the FSSP and failure to comply with it threatens the organization with serious problems.

Until the error is recognized and corrected directly by the FSSP, the banking organization is not entitled to take any action on its own.

An application to the bailiffs for the return of funds will help to solve the problem as quickly as possible. The document must include:

• details of the executive document or court decision;
• the amount to be withheld;
• retained amount of funds;
• method of deduction (how the funds were collected);
• a request for a refund of the withheld amount.

Important! After receiving the writ of execution, the bailiffs set a time limit for voluntary execution.

If the debtor fails to comply with this period, then together with the debt, the costs of enforcement proceedings will be collected from him.

That is, the amount of the penalty may, for quite legitimate reasons, exceed the amount of funds indicated in the writ of execution.

This question needs to be clarified before applying. A sample application to the FSSP for a refund is possible.

About recovery of alimony

After the recoverer receives a decision on recovery, he has the right to immediately contact the bailiff service.

In this case, the executive body will independently take measures to recover and control the execution of the decision.

The standard procedure assumes that the writ of execution is sent to the employer, who will make the deductions of payments.

In the absence of an official debtor, he will be asked to fulfill the requirements voluntarily.

In case of non-fulfillment, enforcement actions will be taken, up to the seizure of property and its confiscation.

But other situations are also possible. If the creditor has in his hands, then you can apply to the FSSP without first going to court.

Such a document has the force of a court order and proceedings can be initiated on it. The application will need to indicate:

• grounds for appeal (a writ of execution or agreement of the parties);
• calculation ;
• a request for the recovery of alimony debt.

Additionally, you can ask for the application of other measures to the debtor, including bringing to or criminal.

A sample application for the calculation of alimony arrears is possible.

Sample application to bailiffs for the provision of information

Many claimants, after submitting an application to the bailiff, expect that the situation will be resolved as soon as possible. But quite a lot of time may pass, and no news from the FSSP will appear.

In such a situation, a citizen has the right to contact the bailiff to obtain information about the progress of enforcement proceedings.

Within ten days from the date of receipt of the proper application, the bailiff is obliged to provide a response in the form of a decision, which will indicate:

• what exhaustive measures have been taken to enforce the enforcement action;
• what property was revealed through sending official requests;
• what other measures are planned to be taken.

Copies of all materials received in the course of enforcement proceedings are attached to the decision.

In the application, the recoverer must indicate for which particular production he is applying (details of the writ of execution, date of commencement of proceedings).

A sample application to the bailiff for the provision of information on enforcement proceedings is possible.

About removing the arrest from the car

When exercising a forced collection, the bailiffs have the right to seize the identified property of the debtor.

At the same time, not only finances and real estate, but also movable property are subject to arrest. The restriction can be applied to a car.

The arrest is expressed in the fact that its owner will not be able to perform legally significant actions with the vehicle. That is, you cannot sell or donate a car, arrange it in, etc.

The arrest is valid until the obligation for enforcement proceedings is fully fulfilled.

If the debtor is not going to fulfill his obligations, the car can be confiscated and sold for debts. But sometimes the debtor pays the debt, but continues to act in relation to the car.

It is necessary to apply to the bailiffs with a request to remove the arrest. The application must indicate:

• grounds for the arrest;
• removal of the reason for the arrest;
• a request to lift the restriction.

Accordingly, the applicant will have to confirm that the obligations are actually fulfilled by him. If there are no reasons for arrest, then the restriction will be lifted as soon as possible. A sample application for the removal of an arrest from a car is possible.

On interest reduction

On the basis of executive documents, bailiffs have the right to collect half of the salary when it comes to bank debt or alimony for three or more children.

In special cases, for example, in case of large or compensation for harm to health, the amount of deductions from wages can reach 70%.

In this case, such an amount may be unbearable for the debtor. A citizen has the right to reduce payments if there are circumstances that do not allow fulfilling obligations in the prescribed amount.

The debtor may have dependent minor children, disabled relatives, be the sole breadwinner of the family, have a low income.

If it is impossible to pay the debt in the prescribed amount, you should contact the FSSP with an application to reduce the percentage of retention.

The application must be accompanied by documents confirming the inability to pay. The bailiff, after evaluating the evidence presented, may reduce the amount of deductions.

Video: how to write an application for the initiation of enforcement proceedings

If the reduction of interest is refused, the debtor has the right to apply to the court with a corresponding request. But before a court decision is made, the obligations assigned by the bailiff must be fulfilled.

Application procedure

The completed application can be submitted in paper or electronic form. Paper application is submitted:

• by mail by sending a registered letter;
• personally when applying to the FSSP unit at the place of residence of the defendant, the location of the property or the place of residence of the claimant (when the location of the debtor is unknown);
• through a legal representative.

Legal relations with debtors push creditors to apply for initiation of proceedings. The procedure consists of several stages, during which there is an appeal to the court and to the bailiff service. The applicant is given documents on the case (list or order of the judge). The further fate of the debt depends on how competently the application is drawn up.

The procedure for collecting a writ of execution

An application for the purpose of enforcement (compulsory) proceedings has a strictly written form. The appeal is considered in the territorial department of bailiffs. It is important to remember that the document is submitted at the place of actual consideration of the case. Actions of bailiffs on the writ of execution:

• when applying by individuals - at the place of residence of the applicant, the location of the property or the place where the property was discovered for the last time. In the latter case, the recoverer will need to take measures to search for the debtor's property;
• when organizations apply - at the legal address, the location of the debt property or the location of the subsidiary (branch);
• in case of other requirements - at the place of the debtor's actions in relation to creditors. These actions can be of both financial and other nature.

In particularly difficult cases, the applicant does not know which body of bailiffs to write an application to. Then it is advisable to send documents and an appeal addressed to the chief bailiff of the constituent entity of the Russian Federation. But before that, you need to view a sample petition to bailiffs on a writ of execution (on our website).

In what cases is an application written to the FSSP?

Before contacting the service of bailiffs (bailiffs), the person concerned must receive the appropriate order and the sheet itself. People in uniform will begin to act only on the basis of a higher order (Article 30 of the Federal Law “On Enforcement Proceedings”). An appeal to the FSSP with a statement on the initiation of proceedings is relevant:

• when the loan is overdue. The applicant is a bank that intends to recover the amount of the debt + penalties against the defaulter on the loan;
• on alimony. Divorce requires the payment of alimony by one of the parents (most often the father). Failure by the ex-spouse of his obligations towards a single mother and child leads to the initiation of proceedings in accordance with the executive document (sheet);
• search for a minor. Applicants are usually guardianship authorities or third parties. The search is carried out jointly with law enforcement agencies;
• illegal eviction. Often bailiffs are forced to consider the appeals of deceived tenants who were subjected to unlawful eviction from the apartment. The application for the initiation of proceedings implies a requirement for re-entry.

Life situations can be very different, and this is by no means an exhaustive list of appeals to the FSSP on the sheet in order to initiate enforcement proceedings and hold the debtor liable.

How to correctly state your requirements

The preparation and submission of an application to bailiffs precedes the initiation of proceedings on a writ of execution. The recoverer draws up a written appeal, where he sets out all the requirements for the opposite party (debtor). A sample application to the bailiffs for the initiation of compulsory enforcement proceedings is located below. The document must contain:

• name and location of the FSSP;
• Full name and contact details of the applicant (creditor);
• Full name and information about the opposite party (debtor);
• a written request to open a case in accordance with a writ of execution and a court order;
• sheet information (form, date and number);
• a statement of information about the case under consideration, indicating all the nuances of the debt, the timing of default, etc.;
• the amount of debt at the time of contacting the bailiffs;
• details of the applicant's bank account for transferring the amount of debt to be collected;
• date and signature of the claimant.

The appeal and the writ of execution (judicial) are transferred to the office of bailiffs personally by the applicant or through a representative. In the second case, the representative must provide a power of attorney stating that he is acting on behalf of the principal. An employee of the office accepts a written request and a sheet, after which he issues a special coupon with a stamp. The term for consideration of applications from citizens and legal entities is 3 days. Based on the results of familiarization with the writ of execution, the bailiffs send a response.

The procedure for initiating enforcement proceedings

The definition says: enforcement proceedings are a legal procedure involving the collection of money or property of the debtor in payment of his debt. According to the rules, proceedings are initiated after the submission of an application and a writ of execution from the creditor or his representative. The order is as follows.

1. Without waiting for the repayment of the debt or alimony on time, the applicant has the right to file a claim with the court. Based on the results of the hearings, the judicial body issues a verdict on the enforcement of debt collection. The plaintiff receives a writ of execution or a court order.
2. At the second stage, the interested person submits an application at the place of service of bailiffs (bailiffs). Moreover, either at the location of the property, or at the location (registration) of the debtor. Together with a written request, the recoverer sends a writ of execution (agreement on the payment of alimony).
3. At the third stage, the senior bailiff makes a decision to initiate enforcement proceedings. The service draws up three copies of the decision and sends them to the addresses of the applicant, the debtor and the judicial authority.
4. The execution period for the case is 3 years. The debtor is given 5 days to voluntarily repay the debt. Otherwise, the bailiffs seize the accounts and describe the property of the defaulter (Article 36 of the Federal Law “On Enforcement Proceedings”).

The initiation of enforcement proceedings occurs after you submit an appropriate application to the bailiff. In addition to the application itself, you need to provide the original writ of execution or court order. After the submission of these documents, the mechanism for the enforcement of the court order will be launched, so do not delay it. In this article, we will consider the content of the application to the bailiffs on the writ of execution, and at the end you will find a link to download the sample.

Where to apply to bailiffs on a writ of execution

The first question that arises among many citizens is to which department of bailiffs it is necessary to submit an application. The answer is quite simple - in the one where the execution will take place, but you need to pay attention to the following:

• for natural persons, the place of performance is the place of residence, stay or the place where the property is located. If you do not know the current address, then the last known place of residence is taken.
• for legal entities, the legal address, the address of the branch or the location of the property is taken.

If you doubt the correctness of the address you have chosen, then you can apply to the chief bailiff of the subject. Quite often it is problematic to apply in person, so you can use the Russian Post or get an official representative with a power of attorney. You should not completely rely on the work of bailiffs, and if you have valuable information about the whereabouts of the debtor or other ways to contact him, then be sure to include them in the text of the application. If you know exactly what property the debtor has, then list it too.

After a court decision, several writ of execution may be issued for each debtor. In such cases, a separate application is written to initiate enforcement proceedings for each of them.

The procedure for considering an application

Three days after your application enters the bailiff department, it is transferred to a specific bailiff. He has three working days to initiate enforcement proceedings. After that, a decision is drawn up to initiate enforcement proceedings, which provides the debtor with the opportunity to voluntarily repay the debt within 5 working days after receiving a copy. The very copy of the decision to initiate enforcement proceedings is sent not only to the debtor, but also to the court and the recoverer. If the bailiff did not initiate proceedings within the prescribed period for any reason, then you can write to him.

After reading this article, you should have no questions left and you can proceed to fill out an application to bailiffs on a writ of execution.

Immediately after the entry into force of the court decision, the citizen in whose favor the case was closed has the right to receive a special document and transfer it to the FSS. Unfortunately, only a few citizens know that in addition to the specified document, it will be necessary to issue an official application to the bailiffs for the recovery of a writ of execution.

It is important not only to indicate accurate data in it, but also to comply with all applicable rules for drawing up an application. Only after the receipt of the listed documents, the bailiff will be obliged to launch a standard mechanism for the forced collection of funds from the person who is the debtor. In this article, we will pay attention to the issue related to the execution of a standard application, as well as the general procedure for accepting a writ of execution for execution.

The most pressing issue for many citizens is the place of transfer of the appeal to initiate proceedings. In other words, citizens do not know to which department the application and IL should be submitted so that all necessary measures are initiated as quickly as possible.

To act strictly within the law, citizens submitting an application should pay attention to such points:

• for physical persons, the place of performance is the place of residence or stay. You can also apply at the location of the property. If the citizen's current address of residence is unknown, then the last place of residence of the citizen is used;
• for companies, the legal address or location of the property is used.

If the applicant has doubts about the correctness of the chosen address, it is worth contacting the chief bailiff directly. In addition, consideration should be given to the possibility of sending the application by mail in the form of a valuable item with notification.

How is an appeal made?

The application must be completed in a standard way, and in this case it is worth being guided by the following points:

• in the upper right part of the document, information about the recipient of the appeal is indicated (the position of the bailiff and the structural unit);
• under them, the personal data of the applicant, including the phone number and address, are written;
• in the text of the document, you will need to refer to the executive document indicating the date and number;
• it is recommended to state in as much detail as possible information about the debtor, his place of residence, address of registration, as well as attach a list of property and cash savings in the bank;
• it is important to clearly state the grounds for initiating an IP.

In addition to the general procedure for issuing a document, it is necessary that the applicant comply with existing requirements.

What are the requirements for an application?

The application is a standard document that must be in writing. On the other hand, the law provides for the transfer of the application through a representative. To do this, you will have to issue and attach also a notarized power of attorney. In addition to such requirements, it is necessary that the document contains only clear and understandable wording, and that there are no errors.

The essential point of appeal is the size of the requirements. The bailiff must get a complete picture of how much the claimant wants to receive and what type of debt is in question in general. The best option in this case is to use a standard sample. This will eliminate errors and draw up a document strictly according to the rules that are prescribed in Russian legislation.

How to transfer the document to the bailiff?

A correctly and competently drawn up application is a guarantee that the executor will work more efficiently in the future on the execution of the court decision. It is important that all applications addressed to the employees of the FSSP service are initially registered in the office. For this reason, the appeal should be drawn up in two copies at once, so that in the future an employee of the office can leave a mark on this document about receiving the appeal.

Such a procedure is necessary for the subsequent challenge of the actions of the bailiff, if the employee delays the deadlines or is inactive. Based on the results of the received document, the bailiff is obliged to issue an official decision on the opening of the IP. If the recoverer or debtor does not agree with the decision, they have the right to file a complaint with the senior bailiff or with the judicial authority.

In the case of sending documentation by mail, it is necessary to have documents confirming this fact and take into account that the deadline for receipt of the application by the bailiff will include the period of delivery of the letter by the postal service.

Conclusion

To initiate enforcement proceedings to recover a debt, it is not enough just to get a court decision on recognizing the defendant as a debtor. To expedite the recovery, a citizen acting as a debt recipient will need to submit a petition to the FSSP service, where they state their requirements and indicate a link to an official document. It is important that the document be drawn up as correctly and competently as possible, since only then the bailiff will be able to accept the IL for production and open enforcement proceedings.